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Full-Text Articles in Law
Stephen James On Human Rights At The Un: The Political History Of Universal Justice By Roger Normand & Sarah Zaidi. Bloomington, In: Indiana University Press. 2008. 486pp., Stephen James
Human Rights & Human Welfare
A review of:
Human Rights at the UN: The Political History of Universal Justice by Roger Normand & Sarah Zaidi. Bloomington, IN: Indiana University Press. 2008. 486pp.
Lanse Minkler On Human Rights And Structural Adjustment By Rodwan Abouharb & David Cingranelli. Cambridge: Cambridge University Press, 2007. 276pp., Lanse Minkler
Human Rights & Human Welfare
A review of:
Human Rights and Structural Adjustment by Rodwan Abouharb & David Cingranelli. Cambridge: Cambridge University Press, 2007. 276pp.
The Responsibility To Protect: A Policy Forum, Sarah Bania-Dobyns, Kathy Gockel, Kyle Matthews, Jodi Vittori
The Responsibility To Protect: A Policy Forum, Sarah Bania-Dobyns, Kathy Gockel, Kyle Matthews, Jodi Vittori
Human Rights & Human Welfare
Human Rights and Human Welfare is pleased to offer its first policy forum-a new type of review to add to our review essays, book notes and roundtable. In this policy forum we asked practitioners in the field to review a set of policy reports on the responsibility to protect. R2P, as practitioners and scholars alike have come to know this policy area, like many of the human rights concepts addressed by HRHW, is a multifaceted concept requiring perspectives from different fields and professions to address it comprehensively. Further, R2P is a quickly changing policy issue, and academics and practitioners …
Rebecca Root On Banning Landmines: Disarmament, Citizen Diplomacy, And Human Security. Edited By Jody Williams, Stephen D. Goose And Mary Wareham. (Lanham, Md: Rowman & Littlefield Publishers, 2008). 348pp., Rebecca Root
Human Rights & Human Welfare
A review of:
Banning Landmines: Disarmament, Citizen Diplomacy, and Human Security. Edited by Jody Williams, Stephen D. Goose and Mary Wareham. (Lanham, MD: Rowman & Littlefield Publishers, 2008). 348pp.
David P. Forsythe On John Charvet And Elisa Kaczynska-Nay. The Liberal Project And Human Rights: The Theory And Practice Of A New World Order. New York, Ny: Cambridge University Press, 2008. 446pp., David P. Forsythe
Human Rights & Human Welfare
A review of:
John Charvet and Elisa Kaczynska-Nay. The Liberal Project and Human Rights: The Theory and Practice of a New World Order. New York, NY: Cambridge University Press, 2008. 446pp.
Kimberly Lanegran On Justice And Reconciliation In Post-Apartheid South Africa Edited By François Du Bois And Antje Du Bois-Pedain. Cambridge, Uk: Cambridge University Press, 2008. 311pp., Kimberly Lanegran
Human Rights & Human Welfare
A review of:
Justice and Reconciliation in Post-Apartheid South Africa edited by François Du Bois and Antje Du Bois-Pedain. Cambridge, UK: Cambridge University Press, 2008. 311pp.
Tibet Under Chinese Rule, Dina Buck
Tibet Under Chinese Rule, Dina Buck
Human Rights & Human Welfare
The struggle between Tibet and China has been a long and intractable one. How China chooses to deal with Tibet, commonly referred to as the “Tibet Question,” is a point of controversy both within China and for the international community at large. The two main points of concern are Tibet’s quest for self-determination and Tibetan quality of life under Chinese rule. While Tibet’s struggle for self-determination can be linked with the questionable treatment Tibetans face under the Chinese government (hereafter referred to as Beijing), the two issues are not exactly the same.
Uyghurs Under The Chinese State: Religious Policy And Practice In China, Katie Corradini
Uyghurs Under The Chinese State: Religious Policy And Practice In China, Katie Corradini
Human Rights & Human Welfare
The government of the People’s Republic of China (PRC) is notorious for committing human rights violations. These violations include infanticide, human trafficking, violent enforcement of the one-child policy, and religious persecution. The international community commonly overlooks religious persecution of the Uyghurs, who are targeted and often oppressed by the Chinese government. China is arguably the center of the political and economic international system but, as the Uyghur diaspora expands to developed countries, including the United States, the rest of the world must understand the issues at the forefront of the conflict.
Chinese Women And Economic Human Rights, Lisa Fry
Chinese Women And Economic Human Rights, Lisa Fry
Human Rights & Human Welfare
Women’s human rights in China have an intriguing history and a challenging present. In ancient China, Confucianism espoused the virtues of silent women who stayed at home. During the Maoist period, on the other hand, gender equality was prioritized by the state, and women were equally appointed to leadership positions and agricultural collectives with men. After Mao’s death, the country transitioned to a social market economic system that resulted in a loss of state support for gender equity. Today, the rights of women in China are not clearly defined, protected, or promoted. China’s patriarchal traditions have reasserted themselves, obstructing women’s …
Education For All Children, Sharon Harrall
Education For All Children, Sharon Harrall
Human Rights & Human Welfare
The UN Declaration of Human Rights, ratified in 1948, declared for the first time the right to education as a human right. Article 26 (1) states that “everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.” Since then, the right to education has been reaffirmed in subsequent treaties and global conferences. These treaties have also highlighted the need to provide education to all children without discrimination, and particularly to ensure equal access for girls. Historically, we have seen great gender disparities in the enrollment rates of …
The Continuation Of Slavery In The Modern World: The People’S Republic Of China And Forced Labor Practices, Jasmine Koehn
The Continuation Of Slavery In The Modern World: The People’S Republic Of China And Forced Labor Practices, Jasmine Koehn
Human Rights & Human Welfare
The age-old scourge of slavery has returned to plague the modern world. Though updated to match societal advances, the basic premise remains: human beings degraded to the point of becoming a mere commodity. Today’s world calls modern day slavery human trafficking, and it can take many forms, including forced labor. In the People’s Republic of China (PRC), two distinct forms of forced labor exist. One form is the more traditional master-slave system, wherein people are bought and sold, or kidnapped, and subsequently forced to work, often in intense and dangerous manual labor. The second form exists legally under the Chinese …
Institutionalizing Torture: The Case Of Hospitals And Prisons In China, Leighann Mcchesney
Institutionalizing Torture: The Case Of Hospitals And Prisons In China, Leighann Mcchesney
Human Rights & Human Welfare
The People’s Republic of China (PRC) has a notorious reputation, especially within the international human rights community, concerning its state-implemented practices of torture. Although the government of China has been charged by many international organizations with having a gruesome human rights record, on anything from freedom of speech to freedom of religion, the accusations of state-sanctioned torture undoubtedly have caused some of the strongest reactions around the world. This article seeks to address the various manifestations of torture that take place inside two of the most prominent public institutions in China: the prisons and the mental hospitals. By utilizing these …
The Past, Present, And Future Of Freedom Of Speech And Expression In The People’S Republic Of China, Liza Negriff
The Past, Present, And Future Of Freedom Of Speech And Expression In The People’S Republic Of China, Liza Negriff
Human Rights & Human Welfare
The international community has been criticizing China for its human rights violations for years. However, one human rights violation has received less attention than some other rights issues both inside and outside of China: censorship and restrictions on freedom of speech and expression. This scantiness of attention is largely attributed to the fact that acquiring reliable information about censorship and freedom of expression in China is challenging.
A Legal System That Compromises Due Process And Promotes Organ Harvesting And Human Rights Abuse Of Prisoners: A Case Study Of China, Shivani Ramdeo
A Legal System That Compromises Due Process And Promotes Organ Harvesting And Human Rights Abuse Of Prisoners: A Case Study Of China, Shivani Ramdeo
Human Rights & Human Welfare
On June 21, 1989, three men were executed in Shanghai two weeks after their arrests. The Xinhua News Agency reported that Bian Hanwu, Xu Guoming and Yan Xuerong were arrested, charged and convicted for sabotaging transportation. Upon rejection of their appeals by the Shanghai People’s High Court, they were executed. Again, Xinhua reported on January 26, 2003, the execution of Lobsang Dondrub, (who was found guilty of inciting a split in the country and illegally possessing firearms and ammunition), hours after his death sentence was approved by the Sichuan Province Higher People’s Court, despite an assurance to a US delegation …
Uighurs In Xinjiang: A General Assessment Of The Roots Of Unrest, Vladislav Shchukin
Uighurs In Xinjiang: A General Assessment Of The Roots Of Unrest, Vladislav Shchukin
Human Rights & Human Welfare
Chinese governmental repression in Xinjiang against the Uighur minzu, or ethnic group, constitutes a significant infringement on human rights. The atmosphere of repression in Xinjiang is perhaps unmatched even by that of Tibet, and it is virtually the only region in China where execution of political prisoners is still common. Uighurs are subject to severe censorship, arbitrary arrest and the denial of due process, torture and inhumane treatment, and punishment disproportionate to their crimes.
Transforming Children Of War Into Agents Of Change, Brooke Breazeale
Transforming Children Of War Into Agents Of Change, Brooke Breazeale
Human Rights & Human Welfare
Since the turn of the century, Sub-Saharan Africa has experienced the fastest growing rate of child soldiers. Consider the following statistics:
- An estimated 60 percent of child soldiers in Africa are fourteen years old and under (Singer 2006: 29);
- In Uganda the average age of personnel in armed forces is 12.9 (Singer 2006: 29);
- Since 1990, two million children have been killed in armed conflict, the equivalent of five hundred per day for ten years (Singer 2005).
Food Insecurity In Sub-Saharan Africa, Amy Rademacher
Food Insecurity In Sub-Saharan Africa, Amy Rademacher
Human Rights & Human Welfare
For almost half a century, Sub-Saharan Africa (SSA) has been struggling, in one form or another, with food insecurity. This ongoing condition has been caused by a number of factors including distribution obstacles, global climate change, a lack of successful local agriculture, and an inability or disinterest to act by local officials. The situation has been further complicated by an inefficient and disorganized international response to the crisis. Although most would agree that each of these factors carries at least some validity, there is far less international consensus on the best remedy to the crisis.
African Aid And Success: Four Keys, Susan Paganelli
African Aid And Success: Four Keys, Susan Paganelli
Human Rights & Human Welfare
Aid to Sub-Saharan Africa (SSA) has occasional success stories, but they are intermingled amongst tales of waste and failure. The stark reality is that more of the population of SSA is chronically undernourished in the present decade than it was in 1992 and 50 percent of the population is still considered to be living in extreme poverty. These problems persist in spite of the $650 billion given in aid to Africa by the world’s concerned countries since 1960 (Sunderberg and Gelp 2006). It is clear that money and good intent are not sufficient to alleviate the suffering in Africa.
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Revisiting Human Rights In Latin America: Introduction, Christina Cerna
Human Rights & Human Welfare
This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.
The Continuing Struggle For Agrarian Reform In Brazil, Sarah Mogab
The Continuing Struggle For Agrarian Reform In Brazil, Sarah Mogab
Human Rights & Human Welfare
Brazil is infamous for its enormously skewed distribution of income, wealth, and land. In a country where 4 percent of landowners own 79 percent of the land, an ongoing movement for land reform continues to be a source of conflict and violence in the countryside (Kay 2001: 755). Extreme poverty is highly concentrated in rural areas. Although rural workers comprise only 18 percent of the total population (Filho 2007), it is estimated that as many as 6 million families are in need of land (Thomas: 9). This struggle for land, in Brazil and elsewhere, is framed by its supporters as …
The Brazilian Paradox: The Lesbian, Gay, Bisexual, And Transgender Battle For Human Rights, Adrienne Rosenberg
The Brazilian Paradox: The Lesbian, Gay, Bisexual, And Transgender Battle For Human Rights, Adrienne Rosenberg
Human Rights & Human Welfare
With a rich religious history of Catholicism juxtaposed with a sexually liberal public, Brazil interacts with its lesbian, gay, bisexual, transgender (LGBT) community in a very distinct and often conflicting manner. Although homosexuality has been legal in the state since 1823, save the armed forces, and civil unions are currently permitted in some areas, Brazil has functioned within this paradox as both worst transgressor, with a high record of hate crimes and discrimination, and as world leader, with a progressive domestic and global push for LGBT rights. In order to accurately assess these two opposing statuses, one must analyze the …
Indigenous Rights In Latin America: The Gap Between Doctrine And Reality, Dan Ruge
Indigenous Rights In Latin America: The Gap Between Doctrine And Reality, Dan Ruge
Human Rights & Human Welfare
Indigenous people are prevalent across Latin America, with numbers reaching upwards of 70 percent of the general population in certain countries. Given their strong ancestral ties to the land and cultural practices, these groups have remained hidden and isolated from mainstream populations and the forces of globalization. For many groups, the limited interactions between indigenous people and the outside world have sadly been harmful to the survival of these communities. The discovery and exploitation of oil and other natural resources have led to the destruction of property, culture, and lives of indigenous groups. The uprooting and extinction in some cases …
The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins
The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins
Human Rights & Human Welfare
The current status of human rights in Latin America has been profoundly affected by the legacy of colonial institutions. Since the time of conquest, through colonialism, and after independence, the growth of the Latin American state has been challenged by the alternative discourse of indigenous rights. In Mexico, the dominance of mestizaje (or the quest for a single Mexican ethnic identity) in the formation of its modern state apparatus has left indigenous cultures out of the realm of political participation and exposed to human rights violations. With the Zapatista uprising of 1994-1996, the contradictions inherent in Mexico’s constitution were brought …
Violence Against Sex Workers In Latin America: Pervasiveness, Impunity, And Implications, Stephanie A. Bell
Violence Against Sex Workers In Latin America: Pervasiveness, Impunity, And Implications, Stephanie A. Bell
Human Rights & Human Welfare
On December 17, 2005, two transgendered sex workers in Guatemala City were shot in the head, one fatally. Witnesses—including the survivor—alleged that police forces shot the victims. Human rights advocates have argued that the attack was part of a broader social cleansing campaign that has targeted all sex workers.
Sex workers in Latin America are subjected to violence regularly. This violence varies greatly, but its pervasiveness and the impunity for perpetrators are two common themes. Violence against sex workers comes from many different sources: police, pimps, johns, serial killers, gang members and others. The violence also takes many forms, including …
Nigel Parsons On Israel's Occupation By Neve Gordon. Berkley, Ca: University Of California Press, 2008. 318pp., Nigel Parsons
Nigel Parsons On Israel's Occupation By Neve Gordon. Berkley, Ca: University Of California Press, 2008. 318pp., Nigel Parsons
Human Rights & Human Welfare
A review of:
Israel's Occupation by Neve Gordon. Berkley, CA: University of California Press, 2008. 318pp.
2008 Beijing Summer Olympics, Allison Welch
2008 Beijing Summer Olympics, Allison Welch
Human Rights & Human Welfare
China’s human rights record has been the subject of intense scrutiny. Therefore, when China was chosen to host the 2008 Summer Olympics, the decision was predictably controversial. There were calls for boycotts of the opening ceremony by many international actors, such as Human Rights Watch, Amnesty International, and an assortment of political figures. Institutions such as the United States Commission on International Religious Freedom argued that boycotting the games would bring critical attention to China’s troubled human rights record, which would ultimately provoke Beijing to alter its controversial policies. Others argued that boycotting the games would only serve to intensify …
Human Rights In Sub-Saharan Africa: Introduction, Jendayi E. Frazer
Human Rights In Sub-Saharan Africa: Introduction, Jendayi E. Frazer
Human Rights & Human Welfare
Whether one points to the legacy of colonialism, the nature of the post-colonial state, the effects of the Cold War, globalization, and enduring customary cultural practices, the facts presented in this Spring Digest on Human Rights in Sub-Saharan Africa (SSA) point to a significant deficit in human rights protection for sub-Saharan Africa’s people. All of the selections recognize that the demand for greater human rights and the form in which they are expressed will largely come from within Africa to be sustainable. The Digest creates a bridge between universal rights standards and their particular application and expression in Africa.
Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester
Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester
Human Rights & Human Welfare
In contemporary sub-Saharan Africa (SSA), women are facing human rights abuses unparalleled elsewhere in the world. Despite the region’s diversity, its female inhabitants largely share experiences of sexual discrimination and abuse, intimate violence, political marginalization, and economic deprivation.
The Limits Of International Humanitarian Law, Melissa Eli
The Limits Of International Humanitarian Law, Melissa Eli
Human Rights & Human Welfare
The goal of international humanitarian law is to humanize war in an effort to minimize human suffering and the long-term negative consequences of war. However, despite the adoption by most countries of the Geneva Conventions and other relevant agreements, crimes of war occur in every conflict around the world on a regular basis. Additionally, as the form of warfare changes, so does the implementation and consequences of various war crimes. Genocide, systematic rape, and the use of child soldiers are three of the most significant war crimes facing sub-Saharan Africa today. Each has consequences so severe that specific international laws …
Version Française: On The Constitutionalisation Of The Convention: The European Court Of Human Rights As A Constitutional Court, Alec Stone Sweet
Version Française: On The Constitutionalisation Of The Convention: The European Court Of Human Rights As A Constitutional Court, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.